Terms and Conditions of Use

Private Security Professionals of America (PSPA)www.MyPSPA.org

Foreword

By using, visiting, viewing, and/or submitting information to the Private Security Professionals of America (PSPA), Web Site, you agree to the following Terms and Conditions of Use and accompanying Privacy Policy.

Your right to access and use PSPA / www.MyPSPA.org is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use PSPA for lawful purposes and pursuant to these Terms and Conditions of Use. Your access and use of PSPA may be interrupted from time-to-time for any of several reasons, including, but not limited to, the malfunction of PSPA’s equipment, periodic updating, maintenance or repair activities that PSPA may undertake from time-to-time or other actions that PSPA, in its sole discretion, may elect to take. PSPA reserves the right to suspend or discontinue the availability of PSPA for access and use at any time in its sole discretion and without prior notice to you.

BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE TERMS AND CONDITIONS OF USE AND THAT YOU UNDERSTAND, ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS OF USE. SHOULD YOU DISAGREE WITH ANY OF THE TERMS AND CONDITIONS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SITE AND SHOULD IMMEDIATELY EXIT THE SITE.

FROM TIME TO TIME, AND WITH OR WITHOUT NOTICE, THE TERMS AND CONDITIONS OF USE MAY CHANGE. YOUR USE OF THIS SITE AFTER ANY SUCH CHANGE CONSTITUTES YOUR REVIEW OF SUCH CHANGE AND YOUR ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS OF USE.

ONLY THOSE PERSONS AND/OR ENTITIES RESIDING OR LOCATED IN A JURISDICTION WHERE THIS SITE IS PERMITTED TO BE DISTRIBUTED OR PUBLISHED OR TO PROVIDE INFORMATION AND CONTENT ARE AUTHORIZED TO USE THIS SITE.

WEB SITE “USERS” ARE UNCONDITIONALLY RESPONSIBLE FOR DETERMINING FEDERAL, STATE AND LOCAL LAW IN ADDITION TO ANY/ALL GOVERNING LAWS, RULES, REGULATIONS, RESPONSIBILITIES, POLICIES, PROCEDURES OR BEST PRACTICES THAT MAY SUPERSEDE, CONTRADICT, DISSUADE OR DISALLOW THE USE, DISSEMINATION OR COMMERCIAL UTILIZATION OF ANY PSPA WEB SITE CONTENT. WEB SITE CONTENT INCLUDES, BUT IS NOT LIMITED TO: TERMS AND CONDITIONS OF USE, INDIVIDUAL MEMBERSHIP BYLAWS, BUSINESS MEMBERSHIP BYLAWS, PRIVACY POLICY, GENERAL CONTENT, SPECIFIC CONTENT, TRAINING PROGRAMS, CERTIFICATION PROGRAMS, NEWS ROOM EDITORIALS, AND RESEARCH LIBRARY (FORMS, DOCUMENTS, AND ARTICLES). FURTHERMORE, IT IS RECOMMENDED THAT ALL USERS ENGAGE APPLICABLE LEGAL REVIEW TO DETERMINE THE APPROPRIATENESS (CONFORMITY, CORRECTNESS, COMPLETENESS, RELEVANCE, SAFETY, RELIABILITY, AND SUITABILITY) OF ALL PSPA CONTENT PRIOR TO ANY PERSONAL USE OR COMMERCIAL USE.

Privacy Policy

Our Privacy Policy governs the manner in which Private Security Professionals of America (PSPA) collects, uses, maintains, and discloses information collected from users (each, a "User") of the MyPSPA.org website ("Site"). This Privacy Policy applies to the Site and all products, goods, and services offered by PSPA. Click here to read our Privacy Policy in full.

Limited License; Proprietary Rights to Content and Services

The information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material contained on this Site (Collectively "Content") in whatever form, media, and technology existing now or hereafter developed is protected by copyrights, trademarks, or other proprietary rights. The Content is the property of PSPA or that of third parties. The compilation (meaning the collection, arrangement, and assembly of all content on this Site) is the exclusive property of PSPA and is protected by U.S. and international copyright and other laws.

Users may not upload, post, perform, publicly display, distribute, modify, remove, delete, augment, publish, transmit, transfer, license, sell, create derivative works of, or in any way exploit any of the Content, in whole or in part without the express written consent of PSPA.

Subject to your continued compliance with these Terms and Conditions of Use, PSPA grants you a non-exclusive, non-transferable, limited right to access, use, display, and listen to this Site and its Content, only for your personal, non-public use, unless noted or authorized otherwise, in writing. You must maintain any notices contained in or with the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all content provided through the Site. PSPA does not endorse or represent the reliability or accuracy of any information or content displayed on the Site. Any products or services purchased or obtained by any user through the Site is done at the user's sole risk. PSPA does not guarantee or warrant that any of the products or services are fit for any particular use. PSPA disclaims all warranties, both expressed and implied.

If you transmit, submit or post information to PSPA that is not personally identifiable information, you automatically grant PSPA the royalty-free, non-exclusive right and license to use, copy, format, adapt and publicly display such information (in whole or in part) worldwide, and/or to incorporate the same in other Content and/or works in any form, media or technology now known or developed in the future. PSPA may, in its sole discretion, edit, refuse to post, or remove any information you transmit, submit or post to PSPA.

Use of Interactive Media

To the extent that this site contains or may contain electronic mail links, bulletin boards, discussion forums, chat rooms, or other message or communication facilities involving PSPA and/or other users, the User agrees to use such forums in their intended manner. Under no circumstances shall the user violate any law by using such forums for purposes including but not limited to defaming or harassing others, violating intellectual property rights of PSPA or a third party, posting or sending obscene or offensive material, and introducing viruses, corrupted files or other programs which could damage or alter this Web site or the computers of PSPA or a third party. PSPA reserves the right to remove any contents of this Web Site for any reason whatsoever. The User acknowledges that any material owned, sponsored, or posted by parties other than PSPA or its affiliates are not endorsed by PSPA, and such communications shall not be considered reviewed or approved by PSPA.

Copyrights / Trademarks / Service Marks

PSPA, our logos, and all related marks are copyrights, trademarks, and/or service marks of PSPA. They may not be used or displayed without our prior written consent. All other trademarks, product names, and company names and logos appearing on the site are the property of their respective owners, and may be used only with the permission of the particular owner.

Security

The use of encryption technologies may be required in order to provide for your protection. Accordingly, in order to use the website you may be required to use User identification information ("User IDs") and (“Passwords”). Protection of your User ID and Password from disclosure to third parties is your responsibility. You are not permitted to avoid the use of required encryption technologies. While we may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception, or error.

Forbidden Uses

UNDER NO CIRCUMSTANCE SHALL THE USER ACCESS OR ATTEMPT TO ACCESS PSPA'S COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR ANY PURPOSE OR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW.

User Obligations

In consideration of your use of the Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted and (b) not use the Site for any unlawful purpose or any manner that is unlawful or in violation of these Terms and Conditions of Use. If you (a) provide or do not update or correct any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or (b) undertake any unlawful act or any act in violation of these Terms and Conditions of Use, we have the right to suspend, terminate and/or block your current or future use of the Site.

Monitoring of Use

By using this site, the User expressly consents to administrative monitoring at all times. The User is further advised that PSPA and/or its agents, representatives, employees, and/or subcontractors may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If the User does not consent to any monitoring, the User should exit this site now.

Disclaimers of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) USE OF THE SITE IS AT THE SOLE RISK OF THE USER. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT, PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED.

(b) USER AGREES THAT PSPA HAS MADE NO WARRANTIES OR REPRESENTATION THAT (i) THE SITE WILL MEET THE REQUIREMENTS OF ITS USERS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE THAT SUCH ITEMS WILL MEET YOUR EXPECTATIONS, (v) THE SERVER(S) THAT HOST(S) THE SITE IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (vi) ANY ERRORS IN THE SITE WILL BE CORRECTED.

(c) USERS DOWNLOADING OR OBTAINING OF ANY CONTENT THROUGH THE USE OF THE SITE IS DONE AT THE USERS OWN DISCRETION AND RISK AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER OR SOFTWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH CONTENT. THIS INCLUDES ANY DAMAGE OR LOSS CAUSED BY ANY VIRUS, SOFTWARE, OR OTHER FILE. ANY COST OF SERVICING, REPAIR, OR CORRECTION TO ANY COMPUTER OR SOFTWARE IS ASSUMED BY USER (AND NOT BY PSPA OR ANY OF ITS AFFILIATED COMPANIES OR ANY OF THEIR RESPECTIVE LICENSORS OR SUPPLIERS).

(d) PSPA DOES NOT REPRESENT OR WARRANT THAT ANY ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, CONTAINED ON OR OBTAINED THROUGH THIS SITE IS CORRECT AND/OR FREE FROM ERROR. USER AGREES THAT USE OF SAID INFORMATION IS AT THEIR OWN RISK.

Assumption of Risk; Limitation of Liability

By using PSPA and/or PSPA Web pages for any purpose, the User assumes all risks associated with the use of this site and its individual pages. This risk includes but is not limited to any risk to the Users computer, software or data being damaged by any virus, software, or other file which might be transmitted or activated via PSPA and/or PSPA Web pages or the Users access to it. This risk also includes, but is not limited to, any risk to the User of any damage or injury, whether to User or to third parties, arising from any and all liability, whether civil or criminal, including but not limited to any damage or injury to reputation, safety and/or health of User or User’s beneficiaries, successors in interest, predecessors in interest, shareholders, officers, directors, members, managers, owners, families, wards, or other person or entity who may claim by or through the User.

USER AGREES THAT PSPA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, OR OTHER INTANGIBLE, RESULTING FROM THE USE, MISUSE, OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO OR THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, USER AGREES THAT PSPA IS NOT LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY PSPA ACTIONS, INACTIONS, OMISSIONS, NEGLIGENCE, MALFEASANCE, OR CONTINGENCIES BEYOND ITS CONTROL.

USER’S SOLE AND EXCLUSIVE REMEDY FOR USERS DISSATISFACTION OF THIS SITE OR ITS TERMS AND CONDITIONS OF ITS USE IS THE DISCONTINUED USE OF THIS SITE.

Waiver of Jury Trial

THE USER HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Indemnification

User agrees to indemnify and hold PSPA, and its officers, directors, shareholders, employees, independent contractors, vendors, subsidiaries, representatives, agents, affiliates, co-branders or other partners, harmless from any claim, expense or demand, including reasonable attorney's fees, made by any party due to or arising out of materials User submits, posts to or transmits through this Site, Users use of this Site, Users connection to this Site, Users violation of these Terms and Conditions of Use or of any law, or Users violation of any rights of another person.

Links to Third Party Sites

This Site may contain links to other Internet sites on the World Wide Web. PSPA provides such links for your convenience only, and are not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that PSPA approves of, endorses, or recommends that site. PSPA disclaims all warranties, expressed or implied, as to the accuracy, legality, reliability, or validity of any content on any other site. You hereby waive any claim you might have against PSPA with respect to such other sites.

No Relationship

The User acknowledges that, by the use of this Web site, no relationship of any kind, including but not limited to partnerships, joint ventures, employment, or agency relationship, exists between the User and PSPA or any of its affiliates or employees.

Applicable Law and Jurisdiction

These terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in the State of Texas, County of Harris, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

The User irrevocably waives any objection that it may have at any time to the venue of any suit, action or proceeding out of or relating to this Agreement brought in any such court and irrevocably waives any claim that such suit, action or proceeding is brought in an inconvenient forum and further irrevocably waives the right to object, with respect to such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over the User.

Use of this Web site is not authorized in any jurisdiction that does not give effect to all provision of these terms and conditions.

International Use

We make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Termination

We may, in our sole discretion, with or without cause or reason, terminate this agreement, terminate or suspend your user name, password or access to all or part of this Site. We may also, in our sole discretion and at any time discontinue this Site. You agree that in any event any termination of your access to this Site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and/or bar any further access to the Site. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

Miscellaneous Terms and Conditions

These Terms and Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the Site: provided, however, that you also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in these Terms and Conditions of Use are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved by us.

Amendments of this Agreement

PSPA reserves the right to amend this “Terms and Conditions of Use” Agreement at any time in its sole discretion and without notice. Your right to access and use PSPA is subject only to our most current Terms and Conditions of Use Agreement. Changes, revision, or deletions with regard to this Agreement shall be effective immediately upon their inclusion in or deletion from, this Agreement, and the posting of the same in this Agreement.

You are advised and encouraged to visit PSPA on a regular basis to review our most current Terms and Conditions of Use, and review any changes that may have been made. Unless you elect to opt-out of this Agreement, you agree to be bound by our most current Terms and Conditions of Use, including any changes that have been made.

If you do not agree with the changes in these Terms and Conditions of Use, your sole remedy is to discontinue the use of the Site. BY USING THIS SITE AFTER WE POST ANY CHANGES TO THESE TERMS AND CONDITIONS OF USE, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.

Any inquiries concerning these Terms and Conditions of Use should be directed to PSPA.